# C_2022266EN.01002001.xml

| 11.7.2022 | EN | Official Journal of the European Union | C 266/20 |
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11.7.2022

EN

Official Journal of the European Union

C 266/20

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Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission

(Cases T-30/19 and T-72/19) (1)

(Dumping - Subsidies - Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China - Definitive anti-dumping duty - Definitive countervailing duty - Action for annulment - Locus standi - Direct concern - Individual concern - Regulatory act which does not entail implementing measures - Interest in bringing proceedings - Injury to the Union industry - Objective examination - Causal link - Calculation of the price undercutting and the injury margin - Fair comparison of prices - Constructed import prices - Prices charged to first independent buyers - Difference in the level of trade - Complex economic assessments - Intensity of judicial review - Injury indicators - Weighting of the data - Access to non-confidential investigation data - Rights of the defence)

(2022/C 266/23)

Language of the case: English

Parties

Applicants: China Rubber Industry Association (CRIA) (Beijing, China), China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) (Beijing) (represented by: R. Antonini, B. Maniatis and E. Monard, lawyers)

Defendant: European Commission (represented by: M. Gustafsson and G. Luengo, acting as Agents)

Intervener in support of the defendant: Marangoni SpA (Rovereto, Italy) (represented by: C. Bouvarel, A. Coelho Dias and O. Prost, lawyers)

Re:

Application, in Case T-30/19, based on Article 263 TFEU, seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163 (OJ 2018 L 263, p. 3) and, in Case T-72/19, based on Article 263 TFEU seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579 (OJ 2018 L 283, p. 1).

Operative part of the judgment

The Court:

| 1. | Joins Cases T-30/19 and T-72/19 for the purposes of judgment; |
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1.

Joins Cases T-30/19 and T-72/19 for the purposes of judgment;

| 2. | Annuls Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163, in so far as it imposes definitive anti-dumping duties on imports of products manufactured by the following exporting producers:






  — | Chaoyang Long March Tyre Co. Ltd; |
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2.

Annuls Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163, in so far as it imposes definitive anti-dumping duties on imports of products manufactured by the following exporting producers:

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Chaoyang Long March Tyre Co. Ltd;

| — | Triangle Tyre Co. Ltd; |
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Triangle Tyre Co. Ltd;

| — | Shandong Wanda Boto Tyre Co. Ltd; |
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Shandong Wanda Boto Tyre Co. Ltd;

| — | Qingdao Doublestar Tire Industrial Co. Ltd; |
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Qingdao Doublestar Tire Industrial Co. Ltd;

| — | Ningxia Shenzhou Tire Co. Ltd; |
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Ningxia Shenzhou Tire Co. Ltd;

| — | Guizhou Tyre Co. Ltd; |
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Guizhou Tyre Co. Ltd;

| — | Aeolus Tyre Co. Ltd; |
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Aeolus Tyre Co. Ltd;

| — | Shandong Huasheng Rubber Co. Ltd; |
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Shandong Huasheng Rubber Co. Ltd;

| — | Chongqing Hankook Tire Co. Ltd; |
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Chongqing Hankook Tire Co. Ltd;

| — | Prinx Chengshan (Shandong) Tire Co. Ltd; |
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Prinx Chengshan (Shandong) Tire Co. Ltd;

| — | Jiangsu Hankook Tire Co. Ltd; |
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Jiangsu Hankook Tire Co. Ltd;

| — | Shandong Linglong Tire Co. Ltd; |
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Shandong Linglong Tire Co. Ltd;

| — | Shandong Jinyu Tire Co., Ltd; |
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Shandong Jinyu Tire Co., Ltd;

| — | Sailun Jinyu Group Co. Ltd; |
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Sailun Jinyu Group Co. Ltd;

| — | Shandong Kaixuan Rubber Co. Ltd; |
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Shandong Kaixuan Rubber Co. Ltd;

| — | Weifang Yuelong Rubber Co. Ltd; |
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Weifang Yuelong Rubber Co. Ltd;

| — | Weifang Shunfuchang Rubber And Plastic Products Co. Ltd; |
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Weifang Shunfuchang Rubber And Plastic Products Co. Ltd;

| — | Shandong Hengyu Science & Technology Co. Ltd; |
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Shandong Hengyu Science & Technology Co. Ltd;

| — | Jiangsu General Science Technology Co. Ltd; |
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Jiangsu General Science Technology Co. Ltd;

| — | Double Coin Group (Jiang Su) Tyre Co. Ltd; |
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Double Coin Group (Jiang Su) Tyre Co. Ltd;

| — | Hefei Wanli Tire Co. Ltd; |
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Hefei Wanli Tire Co. Ltd;

| — | Giti Tire (Anhui) Company Ltd; |
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Giti Tire (Anhui) Company Ltd;

| — | Giti Tire (Fujian) Company Ltd; |
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Giti Tire (Fujian) Company Ltd;

| — | Giti Tire (Hualin) Company Ltd; |
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Giti Tire (Hualin) Company Ltd;

| — | Giti Tire (Yinchuan) Company Ltd; |
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Giti Tire (Yinchuan) Company Ltd;

| — | Qingdao GRT Rubber Co. Ltd; |
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Qingdao GRT Rubber Co. Ltd;

| 3. | Annuls Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579, in so far as it imposes definitive countervailing duties on imports of products manufactured by the exporting producers listed in paragraph 2 of the operative part of the present judgment, on the one hand, and by Zhongce Rubber Group Co., Ltd, on the other; |
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3.

Annuls Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579, in so far as it imposes definitive countervailing duties on imports of products manufactured by the exporting producers listed in paragraph 2 of the operative part of the present judgment, on the one hand, and by Zhongce Rubber Group Co., Ltd, on the other;

| 4. | Rejects the remainder of the heads of claim in the actions; |
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4.

Rejects the remainder of the heads of claim in the actions;

| 5. | Orders the European Commission to bear its own costs and to pay those incurred by China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC), with the exception of those relating to the interventions; |
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5.

Orders the European Commission to bear its own costs and to pay those incurred by China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC), with the exception of those relating to the interventions;

| 6. | Orders Marangoni SpA to bear its own costs and to pay those incurred by CRIA and CCCMC as a result of the interventions. |
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6.

Orders Marangoni SpA to bear its own costs and to pay those incurred by CRIA and CCCMC as a result of the interventions.

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(1)  OJ C 82, 4.3.2019.

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